Thursday, December 23, 2010

Aregbesola’s govt illegitimate –Omisore


 Senator Iyiola Omisore
Chairman, Senate Committee on Appropriation, Senator Iyiola Omisore, yesterday, lambasted justices of Court of Appeal over the reinstatement of Mr. Rauf Aregbesola as governor of Osun State, describing his government as illegitimate.

Omisore, a governorship aspirant of the ruling Peoples Democratic Party (PDP) before the Prince Olagunsoye Oyinlola-led administration was sent packing by the judgement of the Court of Appeal, also accused former governor of Lagos State, Asiwaju Bola Tinubu of having a ‘special squad in the Court of Appeal’.

In his first reaction to the court verdict since it was delivered on November 26, Omisore, who represents Osun East Senatorial District, comprising Ife/Ijesa zone of the state, in the National Assembly, spoke to newsmen during a get-together organized by him for PDP supporters in the state to mark the end of the year.

“Yes, their Lordships at the Court of Appeal were hatchet men literally rewriting jurisprudence even where the law is trite and well settled. For instance, whereas it is settled law that hearsay evidence deserves no probative value, their lordships upset the principle by basing their decision on reports from 84 persons who were never called up in court as witnesses for cross-examination. These were party agents on whom no explanation was offered for their absence.

“Again whereas, the Supreme Court, which is the highest court in the land had, in the Buhari Vs Obasanjo case, stated that the only reliable evidence as to what happened in a polling unit on election day is the evidence of the party agents permanently stationed in the polling units, the Ibadan judges refused to follow judicial precedence by relying on evidence of ward supervisors, who were moving round on the day of election and were never present in any polling unit,” he stated.

Responding, the Head, Media and Publicity for Governor Rauf Aregbesola, Gbenga Fayemiwo in a press statement made available to Daily Sun said it was laughable that Senator Omisore turned himself to a judicial reviewer instead of seeking redress in a court of law over his disagreement with Justice Clara Ogunbiyi.

The statement read in parts: “Omisore will need to school himself very studiously on why the five judges arrived at the unanimous decision contained inside the 91-page judgment which commends itself for enterprising study by those who are in doubt about the clear position of the law. “We know that Senator Omisore has suddenly come to terms with the reality that the heap of toxic votes amassed to unlawfully return Prince Olagunsoye Oyinlola as winner on April 14, 2007 failed the test of scientific and legal scrutiny.

“While the status of our experts were confirmed by Section 36 of the Evidence Act, Senator Omisore obviously relied on the opinion sophists and magicians to insist that the Court of Appeal which held that the appeal must be resolved in favour of Rauf Aregbesola based on the preponderance of probability.
“We are waiting for the outcome of the jurists and legal pundits who Omisore stated were busy studying the judgement. We hasten to state that if Omisore is un-pacified by the superior grounds upon which the judgement was based, he should follow the path of honour of decent men and women by approaching the court of law for clarifications and possible redress if any.

“The Osun State Government will not tolerate any attempt by anyone to act above the law and attempting to abort the peace and tranquillity enjoyed by the people since the November 26, 2010 landmark judgment. “We are not unaware of subterranean moves by some disgruntled leaders who are attempting to incite crimes and lawless acts in Osun State to achieve an inglorious ends. All the security agencies of the government have been working hard at ensuring that the slightest threat to the peace of Osun State is deterred and discouraged.

“We urge all citizens of Osun State to disregard the attempt by Senator Omisore to attract attention to himself after the fate that has befallen him. This administration is busy clearing the Augean stable and the cesspool of sleaze it inherited and shall no longer be ready to join issues with Omisore any longer. Ogbeni Rauf Adesoji Aregbesola is the Governor of Osun State by the virtue of the majority of lawful, true votes of the people of Osun State. Whoever has any problem with that should approach the court of law in accordance with decent practice and culture. The court of law is open to anyone who is unsatisfied with the judgement.”

Omisore, who could not conceal his outburst at the judgement, also alleged a ‘fraternal relationship between Ahmed Tinubu and Justice Ayo Salami, president of the Court of Appeal,’ which he said had led to the emergence of a special squad in the Court of Appeal, which had nine out of 70 justices of Court of Appeal as members.

“The squad is fortified by a Justice of Supreme of Yoruba extraction who also has special relationship with Ahmed Tinubu. Indeed, it is now common knowledge that this Supreme Court Justice wrote the judgment which Clara Ogunbiyi delivered at Ibadan. “Therefore, to all enlightened and politically minded people, Osun State has no executive Governor today, but a Judicial Governor, whose very existence and emergence carries an albatross of illegitimacy”, Omisore added.

He explained that the illegitimacy of Aregbesola’s government was further stressed by the cancellation of over 300, 000 votes in 10 local government areas of the state, which he said constituted one third of the state. Describing Osun State as presently under the siege of ‘native colonialism’ Omisore appealed to PDP supporters and political class in the state to ‘rise to this wearisome moment, as genuine citizens of our dear State of the Living (Osun) and keep its flag flying’.

“Let me at this juncture appeal to our party leaders to put behind them all unholy wrangling, dichotomy and discord occasioned by our ambitions. This is not the time to open up old wounds or apportion blame. It is the time to heal up all wounds be it physical or psychological and put our energy as well as resources together so as to over come our present travails”, he stated.

The federal lawmaker later distributed over 600 bags of rice and money to all the 332 wards that make up the state apart from party leaders, state and local party executive committees of the PDP in the state.


Source:Sun


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